ยง 5. Holding over after expiration of term. Every officer except a
judicial officer, a notary public, a commissioner of deeds and an
officer whose term is fixed by the constitution, having duly entered on
the duties of his office, shall, unless the office shall terminate or be
abolished, hold over and continue to discharge the duties of his office,
after the expiration of the term for which he shall have been chosen,
until his successor shall be chosen and qualified; but after the
expiration of such term, the office shall be deemed vacant for the
purpose of choosing his successor. An officer so holding over for one or
more entire terms, shall, for the purpose of choosing his successor, be
regarded as having been newly chosen for such terms. An appointment for
a term shortened by reason of a predecessor holding over, shall be for
the residue of the term only.
Structure New York Laws
Article 2 - Appointment and Qualification of Public Officers
3 - Qualifications for Holding Office.
3-B - Special Peace Officers to Be Citizens; Other Residency Requirements.
3-C - Restrictions Upon Nomination or Election to Compensated Federal, State or Local Office.
4 - Commencement of Term of Office.
5 - Holding Over After Expiration of Term.
6 - Mode of Choosing State Officers if Not Otherwise Provided.
7 - Appointment by the Governor and Senate.
9 - Deputies, Their Appointment, Number and Duties.
12 - Force and Effect of Official Undertaking.
13 - Notice of Neglect to File Oath or Undertaking.
14 - Effect of Consolidation on Terms of Office.
15 - Validation of Official Acts Performed Before Filing Official Oath or Undertaking.
16 - Qualifications of Certain Judicial Officers in Cities of the First Class.
17 - Defense and Indemnification of State Officers and Employees.
18 - Defense and Indemnification of Officers and Employees of Public Entities.
19 - Reimbursement of Defense Costs Incurred by or on Behalf of State Employees.